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New ruling on Epic case forces Google to open the Play Store to competitors, Google responds

By Johanna Romero

Updated: Oct 08, 2024, 4:42 PM

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An image of a tablet and a smartphone with the Epic Games Store displayed

A US District Judge has issued a permanent injunction against Google, forcing the company to allow third-party app stores access to the Google Play library and make those alternate app stores available for download in the Play Store. This ruling comes after a four-year antitrust battle with Epic Games. Google has stated it will appeal the injunction, citing concerns about competition with Apple and potential security risks.

The injunction also impacts billing practices. Google can no longer require developers to use its billing system or prevent them from informing users about cheaper payment options. Additionally, Google cannot make deals to exclusively launch apps on Google Play or pre-install its store on new hardware.

A three-person committee, formed by Google and Epic Games, will monitor Google's compliance and address any technical issues arising from the ruling. Google has expressed its disagreement with the decision, arguing that Android's open platform already provides developers with various app distribution options.

How this all started

In December, a jury found Google's Play Store to be in violation of US antitrust laws, stating that the company held an illegal monopoly on app distribution and in-app billing for Android devices. The jury also concluded that Google's agreements with other gaming companies and device manufacturers were anti-competitive.

It's important to highlight how this ruling diverges from the Epic Games lawsuit against Apple. While both cases centered on antitrust concerns and app store practices, the outcomes were significantly different. In the Apple case, the court largely sided with Apple, maintaining the company's control over its App Store and in-app payment systems.

Screenshot from the Epic Games Store site displaying its availability

Epic currently advertises on its website the current state of availability of its app. | Image source — store.epicgames.com"

This difference likely stems from the fundamental difference between iOS and Android: iOS is a closed ecosystem (at least in the U.S.), while Android allows for sideloading and alternative app stores. This distinction played a key role in the court's decision, highlighting the greater flexibility and openness of the Android platform. That last point is currently being challenged by Epic though, with a lawsuit that was recently filed against both Google and Samsung, citing how both companies are currently making the sideloading process a more convoluted one.

Google responds and warns of unintended negative consequences

Google has responded to the ruling, stating that the mandated changes would jeopardize consumer privacy and security, hinder developers' ability to promote their apps, and stifle competition among device manufacturers. The company believes these changes, while potentially satisfying Epic Games, will have unintended consequences that negatively impact American consumers, developers, and device makers.

Google contends that the decision contradicts the previous ruling in the similar case Epic brought against Apple, despite Android being an open platform that has always allowed for choice and flexibility, including multiple app stores and sideloading. The company plans to appeal the decision and seek a pause on Epic's requested changes pending the appeal.

Google's appeal will focus on several key arguments:

Direct competition with Apple for consumers: Google asserts that the decision wrongly classifies Android as a separate market, while the Apple decision correctly recognized that Android and iOS compete within the same market.
Direct competition with Apple for app developers: Google emphasizes that developers prioritize building apps for both iOS and Android due to limited resources. Both Google and Apple invest in tools and programs to attract developers to their respective platforms.
Openness of Android and alternative app distribution: Google highlights that Android is an open platform offering developers multiple app distribution options, including pre-installed app stores on devices and direct downloads from websites.

Google maintains that Android has fostered choice, lowered prices, and democratized access to smartphones and apps. The company believes the initial decision and Epic's requested changes threaten these achievements and undermine Android's ability to compete with Apple's iOS. The company also maintains that it remains committed to advocating for the best interest of developers, device manufacturers, and Android users worldwide.

This news is certainly interesting from a consumer's perspective. More competition in the app store market could lead to lower prices and more choices for users. However, it also brings up valid concerns about security and fragmentation. It will certainly be interesting to see how this plays out over the next few years and what impact it will have on the Android ecosystem.

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Johanna 'Jojo the Techie' is a skilled mobile technology expert with over 15 years of hands-on experience, specializing in the Google ecosystem and Pixel devices. Known for her user-friendly approach, she leverages her vast tech support background to provide accessible and insightful coverage on latest technology trends. As a recognized thought leader and official member of #TeamPixel, Johanna ensures she stays at the forefront of Google services and products, making her a reliable source for all things Pixel and ChromeOS.